Bail is a rule and rejection is an exception, and the stringent provisions of the NDPS Act must be considered when deciding on bail applications.

JUDGMENT

P.N.Desai, J. - The petitioner has filed this petition under section 439 of Code of Criminal Procedure seeking to enlarge him on bail in Crime No.83/2019 (Spl. Case No.794/2019) of Khatak Chincholi Police Station Taluka Bhalki Dist: Bidar for the offences punishable under Sections 20(b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS' Act).

2. The brief case of the prosecution is that, Circle Police Inspector Rural Police Station Bhalki by name Vijay Kumar received credible information that on 12- 07-2019 at about 2.00 p.m., one Mr.Vikaram and others have brought the Ganja in a white Verna Car bearing Reg. No.AP-32-AW-7557 and they have stored Ganja in the land belonging to one Prabhu @ Prahalad Chavan which was taken on lease by one Sheshappa S/o Shankerappa Biradar land bearing survey No.72 situated in Bajolga village and the said Ganja was stored in the shed of the said land. Accordingly on 12- 07-2019 he gave memorandum to the P.S.I of Khatak Chincholi Police Station. On the basis of it the P.S.I registered a case in Crime No.83/2019 for the offence punishable under section 20(b) (ii) of NDPS Act against the accused/petitioner.

It is further alleged that, the complainant went to Bidar and obtained search warrant from Prl. District & Sessions Judge Bidar on 12-07-2019. Accordingly he secured the panchas, Gazetted Officer and two teachers and conducted seizure panchnama on 13-02-2019 in the said land between 1.30 a.m., early morning to 4.30 a.m. They opened the shed and found that there are six gunny bags and when they opened it, they found that there are boxes which were made with khaki colour plastic tape and they opened them and found Ganja in it.

It is further case of the prosecution that, they have taken 100 grams as a sample under mahazar from each box and also seized the Ganja from Dicky of the said car and also seized the same under mahazar in the presence of said Gazetted Officer, teachers and other police officials. Thereafter words he seized the said vehicle under same panchnama between 5.10 a.m. to 6.10 a.m. They found total 187.65 Kilograms Ganja stored in the said shed near the well of the said land bearing survey No.72. The total value of the said Ganja is Rs.9,38,250/-. They have weighed the Ganja and noted its quantity and then sealed and pasted the seal with their mark. The Investigating Officer has recorded the statements of the witnesses.

3. It is the case of the prosecution that, on 15-07-2019 this petitioner was arrested and produced before the Court. It is the case of the prosecution that, this petitioner gave voluntary statement and stated that, himself and other accused in this case have brought the said Ganja from Andhra Pradesh and one Mr.Balaji of Hyderabad and Siddappa informed him that at Narsipatnam in Andhra Pradesh which is near to Vishakapatnam they will get Ganja for a cheap rate, so they can bring Ganja for a cheap rate and sell it in Karnataka for higher rate. So accordingly all of them had been to that place on 10-07-2019. Balaji talked with a person over telephone and he brought 71 boxes of Ganja and 2 bags of open Ganja and they purchased it for Rs.40,000/-. Then they all returned. This accused/petitioner stored said Ganja in the shed situated in the above said land. So on the basis of voluntary statement of this petitioner the Investigating Officer has filed the charge sheet for the above said offence.

4. The petitioner has filed this bail petition on the ground that, he is innocent and he has not committed any offence. He is resident of Beeri (B) village and alleged incident is of Khatak Chincholi village. He is no way concerned to alleged spot and village. There were no records produced to show survey No.72 belongs to Sheshappa S/o Sharanappa and there is no lease agreement produced to show that, other person was cultivating the said land on lease basis. There are no statements regarding when the accused ran away, how he was arrested, only i